ContractWarrant Agreement • February 11th, 2019 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
THIS WARRANT AND ANY SHARES ACQUIRED UPON THE EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 (THE “ACT”) AND MAY NOT BE TRANSFERRED, SOLD OR OTHERWISE DISPOSED OF EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH ACT OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED UNDER SUCH ACT.
ContractWarrant Agreement • February 11th, 2019 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
THIS WARRANT AND ANY SHARES ACQUIRED UPON THE EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 (THE “ACT”) AND MAY NOT BE TRANSFERRED, SOLD OR OTHERWISE DISPOSED OF EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH ACT OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED UNDER SUCH ACT.
EVOFEM BIOSCIENCES, INC. LETTER AGREEMENTWarrant Agreement • February 11th, 2019 • Evofem Biosciences, Inc. • Pharmaceutical preparations
Evofem Biosciences, Inc. (“Evofem”) understands that you are the beneficial owner of, and your designated nominee (holding assets on trust for your benefit) is the legal owner of, one or more Warrants to purchase Common Stock as identified on Schedule A hereto (the “Merger Warrants”) and Schedule B hereto (the “Public Offering Warrants”; collectively, the “Warrants”; and each such Warrant holder, a “Warrant Holder”). The Merger Warrants were issued pursuant to that certain Agreement and Plan of Merger and Reorganization, dated October 17, 2017 and the Public Offering Warrants were issued pursuant to that certain Underwriting Agreement, dated as of May 22, 2018 (the “Underwriting Agreement”). Capitalized terms used herein and not otherwise defined shall have the definitions ascribed to such terms in the Underwriting Agreement and the Warrants. Evofem desires that you exercise your Warrants in order to generate cash funds for Evofem. To accomplish that, Evofem is willing to reduce the Ex
EVOFEM BIOSCIENCES, INC. LETTER AGREEMENTWarrant Agreement • February 11th, 2019 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
Evofem Biosciences, Inc. (“Evofem”) understands that you own one or more Warrants to purchase Common Stock identified on Schedule A hereto (the “Warrants”; and each such Warrant holder, a “Warrant Holder”). The Warrants were issued pursuant to that certain Underwriting Agreement, dated as of May 22, 2018 (the “Underwriting Agreement”). Capitalized terms used herein and not otherwise defined shall have the definitions ascribed to such terms in the Underwriting Agreement and the Warrants. Evofem desires that you exercise your Warrants in order to generate cash funds for Evofem. To accomplish that Evofem is willing to reduce the Exercise Price of the Warrants and issue additional warrants to the Warrant Holders to purchase Common Stock, as an inducement to you to presently exercise your Warrant(s) according to the terms set forth below.
